Judge Rejects Most Dismissal Requests in SEC's Binance BNB Token Case

Friday, Jun 28, 2024 10:38 pm ET1min read

The SEC's case against Binance and its CEO, CZ, will proceed despite efforts to dismiss the case, with only one aspect related to BNB's secondary sales being ruled out. The ruling includes continuing claims regarding the BNB ICO and ongoing BNB sales. Other demands against CZ and BAM subsidiaries remain active.


Introduction:
In a groundbreaking move, the Securities and Exchange Commission (SEC) has charged crypto titans Binance Holdings Ltd., its CEO Changpeng Zhao (CZ), and U.S.-based affiliates with a series of securities law violations [1]. Despite attempts to dismiss the case, the SEC's relentless pursuit of justice will continue. In this article, we delve into the details of the accusations and the potential implications for the crypto industry.

Subverted Controls and Misleading Statements:
The SEC alleges that Zhao and Binance deceived the public by claiming to restrict U.S. customers from transacting on Binance.com, while in reality, they secretly allowed high-value U.S. customers to continue doing so [1]. Furthermore, Binance and its U.S. affiliate, BAM Trading, were accused of misleading investors about non-existent trading controls over the Binance.US platform [1].

Unregistered Exchanges, Broker-Dealers, and Clearing Agencies:
Binance and BAM Trading are charged with operating unregistered national securities exchanges, broker-dealers, and clearing agencies [1]. This lack of registration raises concerns about the transparency and accountability of these platforms, as they handle billions of dollars in customer assets.

Manipulative Trading and Commingling Assets:
Sigma Chain, an entity owned by Zhao, is accused of engaging in manipulative trading that artificially inflated Binance.US's trading volume [1]. Additionally, Binance is accused of commingling billions of dollars of investor assets and sending them to a third party, Merit Peak Limited, which is also owned by Zhao [1].

Implications for the Crypto Industry:
If the SEC's allegations are proven true, the consequences for Binance and CZ could be severe, including hefty fines and potential criminal charges. Furthermore, this case could set a precedent for the regulation of the crypto industry, as it highlights the importance of transparency, accountability, and compliance with securities laws.

Conclusion:
The SEC's relentless pursuit of justice in the case against Binance and CZ marks an unprecedented moment in the history of the crypto industry. As the details of the accusations continue to unfold, it is crucial for investors, regulators, and industry players to stay informed and adapt to the changing regulatory landscape.

[1] https://www.sec.gov/news/press-release/2023-101

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